What is Military Desertion and its Consequences?
Fulfilling one’s duty is vital in the Armed Forces, but what happens when a service member leaves their post or proper duties? We’ll explore military desertion and what it means to people serving in the military.
Contents
What is Military Desertion?
Military desertion refers to abandoning one’s military post or proper duties without permission from proper authority figures. A person found guilty of this crime usually has no intention to return to their duties.
The concept of military desertion isn’t new, although there are no records of the first case of military desertion. In fact, the War of 1812 showed that American soldiers had a desertion rate of 12%. Leaving one’s duties was rampant because the enlistment bonus motivated many people to join the military, but they had no intention of staying.
There are three types of unauthorized absences or ways to shirk important service. These are military desertion, absence without leave or AWOL status and missing movement.
As per Article 85 of the UCMJ, desertion status takes place when a service member takes an authorized absence from their unit, place or organization. The defining factor of desertion is when a person had the ‘intent to remain away’ permanently.
There are four types of desertion: desertion with intent to shirk important service, attempted desertion, desertion status with intent to remain away, and desertion before notice of acceptance of resignation.
The second type of unauthorized absence is absence without leave or going AWOL. A military member goes AWOL when they remain absent from their place of duty or unit without the knowledge of their superior officers. Going AWOL is considered less severe than military desertion.
A person is charged with missing movement when they’re guilty of missing the movement of a unit, aircraft or ship where they’re required to be. This offense covers missing movement out of neglect.
Distinguishing Between AWOL and Desertion
There are various types of penalties when one leaves their duties. However, the circumstances of the crime depends on that person’s absence matter. Leaving one’s duty is a serious offense, and military desertion is considered the most severe type of unauthorized absence.
The main difference between going AWOL and desertion is the duration of leaving of the military personnel in question. A person is considered to have committed desertion if they’ve been missing in action for over 30 consecutive days.
Why Do Soldiers Desert?
Why do service members leave their assigned posts or proper duties? Various factors could contribute to a person deserting their duties without rendering his or her resignation. That person may have personal or family problems. They may get tempted to leave their post or duty to spend time with their loved ones without permission.
Leadership issues may also cause desertion. Some people tend to lose interest in military service if their superior officers are too severe or if they don’t feel comfortable with what they’re required to do for work.
Some people fail to adapt to the demands of military life. Military control is vital to its overall order. Military deserters are those who fail to cope with the demands of their duties. They’re not happy with life in the military so they resolve to leave his or her unit.
There are instances where working in the Armed Forces would force someone to put themselves in danger. Some people leave their duty or post to avoid hazardous duty. They don’t want to risk their lives, so they leave the military without permission instead.
Because leaving one’s duty is considered a serious offense, the penalties for unauthorized absence can be severe. However, the gravity of one’s punishment depends on the circumstances surrounding the case. This crime doesn’t always have to result in a court martial. Nevertheless, this offense will stay in one’s record permanently.
Desertion Penalties
The maximum punishment for military desertion would depend on the circumstances surrounding the case.
Penalties for desertion for those voluntarily returning to the military may face the following:
- Reduction to lowest enlisted grade
- Forfeiture of all pay and allowances
- Confinement for two years
- Dishonorable discharge
Military members who had committed desertion but had it terminated because they were apprehended may receive the following consequences:
- Reduction to lowest enlisted grade
- Forfeiture of all pay and allowances
- Confinement for three years
- Dishonorable discharge
People who’ve committed desertion without the intention of avoiding hazardous duty may face the following penalties:
- Reduction to lowest enlisted grade
- Forfeiture of all pay and allowances
- Confinement for five years
- Dishonorable discharge
People who commit military desertion during wartime may face these consequences:
- Capital punishment
- Life imprisonment
- Other punishments mandated by court martial
AWOL Punishments
As explained, committing AWOL is considered less severe in the eyes of military justice. The punishments for this offense would depend on that person’s commanding officer and the offense’s severity.
The consequences for leaving one’s post early, arriving late or absence for three days or less include the following:
- Reduction to lowest enlisted grade
- Confinement for a month
- Forfeiture of two-thirds pay for one month
People who leave their guard or watch duty without authorization may face the following consequences:
- Reduction to lowest enlisted grade
- Confinement for three months
- Forfeiture of two-thirds pay for three months
Service members who are absent from their place of duty for three to 30 days may face the following penalties:
- Reduction to lowest enlisted grade
- Confinement for six months
- Forfeiture of two-thirds pay for six months
Military members who leave guard or watch duty without authorization and with the intent to avoid field exercises or abandon the post permanently may suffer the following penalties:
- Reduction to lowest enlisted grade
- Confinement for six months
- Forfeiture of all pay and allowances
- Bad conduct discharge
Missing Movement Consequences
Even if the missing movement was committed unintentionally, the service member in question would still have to face the consequences of their actions.
The penalties for missing movement out of neglect may include the following:
- Reduction to lowest enlisted grade
- Confinement for a year
- Forfeiture of all pay and allowances
- Bad conduct discharge
Meanwhile, committing missing movement deliberately may prompt a service member to suffer the following consequences:
- Reduction to lowest enlisted grade
- Confinement for two years
- Forfeiture of all pay and allowances
- Dishonorable discharge
What Should You Do After Desertion?
Even if you’re enlisted in a foreign armed service, the consequences of military desertion can be severe and life-changing. The most practical solution if you’ve gone AWOL is to return to your military branch voluntarily. The longer you’re away from your military duty, the more severe the penalties you’ll have to face.
However, one does not simply walk back to one’s military base. One should make proper preparations to avoid the worst penalties once one goes back to the military.
It would be ideal to confer with an experienced military defense lawyer who has successfully defended people who have committed military desertion in the past. They can help guilty parties avoid the word punishments and get light charges.
While they may not be able to spare one from facing penalties, they can help service members avoid the worst punishments. Looking at the bigger picture, it would be better to face the music than make things worse by avoiding military justice.
Final Words
Regardless of one’s intention, committing military desertion can have serious consequences. However, one can avoid the worst with due diligence. That’s why it’s vital for service members to understand the consequences of one’s actions.
Showing proof of active duty status is pertinent in cases like this. SCRACVS can help present proof that an individual is actively serving in the military. Click here and get started with the active duty military status verification.
FAQs
What is desertion in the US military?
This refers to abandoning one’s post or duties without permission from proper authority.
What is the punishment for desertion in UCMJ?
This would depend on the case, but the worst you can get is capital punishment and life imprisonment.
Is desertion the same as AWOL?
A desertion charge is given when a person goes AWOL for more than 30 consecutive days.
What are the requirements for desertion?
This is the willful abandonment from one’s post or duty without permission from proper authority.
How common is desertion in the military?
It’s not so common as only thousands of people have been charged with this crime in recent years.
What happens to military deserters?
A service member who is found guilty of deserting one’s duty can face penalties as severe as capital punishment and life imprisonment.
Is desertion a military crime?
Yes, desertion is considered a crime in the eyes of military justice.
